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EBY v. BD. OF WATER AND LIGHT

Docket No. 71522, (Calendar No. 19).

417 Mich. 297 (1983)

336 N.W.2d 205

EBY v. LANSING BOARD OF WATER AND LIGHT

Supreme Court of Michigan.

Decided July 22, 1983.

Attorney(s) appearing for the Case

Klimist, McKnight & Sale, P.C. (by Samuel C. McKnight and Roger J. McClow), for the plaintiffs.

Noble W. Lee for the Board of Water and Light and Dickinson, Wright, Moon, Van Dusen & Freeman (by Judson Werbelow, Joseph A. Fink, Kester K. So, and John M. Lichtenberg), for the Michigan Public Power Agency.

John W. Fitzgerald, of counsel, for defendants Board of Water and Light and Michigan Public Power Agency.

Amicus Curiae:

Varnum, Riddering, Wierengo & Christenson (by John W. Pestle, Dennis C. Kolenda, Randall W. Kraker, and Matthew D. Zimmerman) for certain Michigan municipalities.

LEVIN, J.

The plaintiffs, residents and voters of the City of Lansing, commenced this action against the Board of Water and Light of the City of Lansing and the Michigan Public Power Agency, claiming that contracts entered into by the BWL and the MPPA are invalid because they have not been submitted to and approved by a vote of the Lansing electorate.

The circuit judge entered a summary judgment in favor of defendants on the ground that the plaintiffs had...

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